Centre Seeks Self-regulation by Broadcasters, Broadcasting Network Operators

The government wants every broadcaster or broadcasting network operator to ensure self-regulation by constituting content evaluation committees (CECs) that will certify programmes.

The draft Broadcasting Services (Regulation) Bill, 2023, which would replace the Cable Television Networks (Regulation) Act, 1995, and other policy guidelines governing broadcasting, provides for a consolidated framework to regulate the sector.

The Bill also extends its purview to cover the Over-the-Top (OTT) content and digital news, and introduces contemporary definitions and provisions for emerging technologies.  

The Bill, comprising six chapters, 48 sections and three schedules, “seeks to provide for CECs and a Broadcast Advisory Council for self-regulation, different programme and advertisement codes for different broadcasting network operators, accessibility measures for persons with disabilities, and statutory penalties, etc”.

According to chapter IV, broadcasters and broadcasting network operators must ensure self-regulation in accordance with Section 25.

Every broadcaster or broadcasting network operator shall constitute one or more CECs comprising eminent individuals representing different social groups, including but not limited to women, child welfare, Scheduled Castes, Scheduled Tribes, minorities etc., and with such other relevant criteria as may be prescribed, as per Section 24, The Hindu reported.

The Centre might also prescribe the number of members in a CEC, quorum and such other details in its formation and smooth functioning. A broadcaster will be required to inform the government the names, credentials and other details of members of a CEC on their websites.

“Every broadcaster or broadcasting network operator shall broadcast only those programmes which are duly certified by the CEC provided that the Central government may prescribe the programmes on which requirement of certification from CEC shall not apply,” Section 24 reads.

“The provisions of this chapter shall be applicable in case of cable broadcasting network operators, satellite broadcasting network operators and IPTV Network operators to only such operators who provide platforms services on their network, and limited only to the content broadcasted on such platform services.”

Every broadcaster and broadcasting network operator will appoint grievance redressal officers for handling complaints alleging contravention of programme and advertisement codes.

“An unsatisfied complainant may prefer an appeal of such decision to the self-regulatory organisation of which such broadcaster or broadcasting network operator is a member or to the Broadcast Advisory Council, wherever applicable.”

The Council, including its chairman as one eminent independent person with not less than 25 years of experience in media, entertainment, broadcasting and other such relevant fields, shall be constituted by the government.

The Union government will nominate five officers as ex officio members representing the ministries of information and broadcasting, women and child development, home affairs, external affairs and social justice and empowerment.

The Council will also consist of five eminent independent persons nominated by the Centre with experience in media, entertainment, broadcasting, child rights, disability rights, rights of women, human rights, law and other such relevant fields.

The Council will hear complaints regarding violation of the programme or advertisement codes by a broadcaster or broadcasting network operator who is not a member of any self-regulating organisation or referred to it by the Centre. Subsequently, the Council will make recommendations to the government for further action if any.